Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Occupations Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 205.351
Grounds for
License Denial
or Disciplinary
Action
Not Related
This law does not relate to privacy of IIHI.
No
This law gives the board subpoena power.
§ 205.359
Subpoena
Related/
Not Contrary
This law is not contrary to HIPAA because HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a)(1); and for the purpose of health
oversight, 45 C.F.R. § 164.512(d)(1).
No
§ 206.153
Complaints
Not Related
Title 3: Health Professions
Chapter 206: Surgical Assistants
This law does not relate to privacy of IIHI.
No
This law requires the BME to keep an information file on all
complaints filed with the Board.
§ 206.154
Records of
Complaints
Related/
Not Contrary
This law relates to privacy of IIHI to the extent that complaints
contain IIHI.
No
This law is not contrary to HIPAA because BME is not a
covered entity.
§ 206.155
License Holder
Access to
Complaint
Information
Related/
Not Contrary
This law requires BME to give access to the full complaint file to
the license holder who is the subject of the complaint. BME is
not required to release the identity of a non-testifying
complainant.
This law is not contrary to HIPAA because BME is not a
covered entity.
No
409